People v. Chavez CA2/8

Filed 10/14/15 P. v. Chavez CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B256014

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA415426) v.

JOAQUIN CHAVEZ,

Defendant and Appellant.

APPEAL from the judgment of the Superior Court of Los Angeles County. Rand S. Rubin, Judge. Affirmed.

Laurie Wilmore, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Roberta L. Davis, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant Joaquin Chavez was convicted by jury of assault with a firearm, making criminal threats, and dissuading a witness by force or threat. Defendant appeals, contending the court prejudicially erred by admitting uncharged prior crimes evidence and failing to sua sponte give a unanimity instruction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Elihu Castro lived with his wife, Adrianna Navarro, and two of his children in a first floor apartment in the city of Los Angeles. Mr. Castro knew defendant was in a relationship with his adult daughter, Kim Castro. Ms. Castro had lived with defendant for a period of time. Mr. Castro did not know defendant well, but had seen him a few times, once to give him some money to help with rent and also to give him some used furniture. At approximately 3:00 a.m. on July 28, 2013, Mr. Castro and his wife were awakened by the sound of a male voice shouting profanities, and the sound of a loud car engine outside their apartment. Almost immediately, they heard what sounded like a large rock hitting the front door of their apartment. Mr. Castro ran to the front door and went outside. He opened the front gate to the street and saw a red truck parked with its engine running. Defendant was sitting in the front seat with the driver’s side door open. Mr. Castro heard the sound of a gun slide being “racked,” which he described as a “tsk, tsk” sound. Defendant raised his right arm and pointed a black gun directly at Mr. Castro. Mr. Castro was “very, very scared” and covered his face with his hands. Defendant yelled in English, something to the effect that, “[I]f you call the police, you will see what happens, motherfucker.” Mr. Castro’s primary language is Spanish but he knew enough English to understand what defendant yelled. Mr. Castro then heard his wife scream. While Mr. Castro went outside, Ms. Navarro went to grab her cell phone. She then went outside and stood on a small step ladder to get a better view over the fence. Defendant was sitting in the front of his truck with the door open. She saw the “shape of a handgun” in defendant’s hand and he was pointing it at her husband near the front gate. Ms. Navarro screamed, and defendant then drove away very “fast.”